Tuesday, June 10, 2008

The Exceptions as the General Rule

There is a saying that for every rule, there is an exception. But in some instances, there are too many exceptions to the general rule. I don't know if it's because of the poor drafting of the law, or the courts leaning (too much) towards equity, or the courts rooting for one party. Sometimes, the court gives some exceptions here, some exceptions there.The next thing we know, the exception becomes the general rule, and the general rule becomes the exception. Case in point: the seemingly black-letter rule that the Supreme Court should not disturb the findings of the lower courts has at least eight exceptions (Ok, lame example. But I can't think of any concrete example right now. So sue me.).

For law students, this is a drag. More exceptions means more items to be memorized. But for the lawyers, having many exceptions can be a good thing, because then they can approach an issue in a lot more ways.

Different strokes for different folks.

Photo: flattop341, Creative Commons, Flickr

No comments:

Post a Comment

Custom Search